Cannabis Regulations (SOR/2018-144)

Marginal note:Retraction of notice

• 190 (1) The Minister must retract a notice that was issued under subsection 189(2) or (4) if

  • (a) the practitioner who is named in the notice has requested in writing that it be retracted;

  • (b) the practitioner has provided a letter from the applicable provincial professional licensing authority for the province in which the practitioner is entitled to practise that states that the authority consents to the retraction of the notice; and

  • (c) in the case where the notice was issued at the request of the practitioner, one year has elapsed since the notice was issued.

• Marginal note:Obligation to notify

  (2) If the Minister retracts a notice, the Minister must notify, in writing, the persons and authorities to which the notice was issued under subsection 189(2) or (4).

Hospitals

Marginal note:Record keeping

191 An individual who is in charge of a hospital must retain a record of the following information:

• (a) with respect to any prescription drug received by the hospital,

  • (i) the name and quantity of the drug,

  • (ii) the name and address of the person from whom the drug was received, and

  • (iii) the date the drug was received; and

• (b) with respect to a prescription drug that is dispensed by the hospital,

  • (i) the name of the patient for whom or animal for which the drug was dispensed,

  • (ii) the name of the practitioner who ordered or prescribed the drug, and

  • (iii) the date on which the drug was ordered or prescribed and the form and quantity of the drug.

Marginal note:Security obligations

192 An individual in charge of a hospital must, with respect to a drug containing cannabis for which the hospital is responsible,

• (a) take reasonable steps to protect it against theft or loss; and

• (b) notify the Minister, in writing, within 10 days after becoming aware of its theft or loss.

Marginal note:Sale, distribution and administration

• 193 (1) Subject to the other provisions of these Regulations, it is prohibited for a person to sell, distribute or administer a prescription drug that a hospital possesses without the authorization of the individual in charge of the hospital.

• Marginal note:In–patients and out-patients

  (2) The individual in charge of a hospital may authorize the sale, distribution or administration of a prescription drug only in accordance with a prescription or a written order, signed and dated by a practitioner and only

  • (a) in the case of administration, to an individual or an animal under treatment as an in-patient or out-patient of the hospital; or

  • (b) in the case of sale or distribution, for the individual referred to in paragraph (a) or to the person in charge of the animal referred to in paragraph (a).

• Marginal note:Distribution or sale in an emergency

  (3) Despite subsection (2), for emergency purposes, the individual in charge of a hospital may authorize the sale or distribution of a prescription drug without a prescription to

  • (a) an employee of or a practitioner in another hospital, if

    • (i) the drug is sold or distributed in accordance with a written order signed and dated by a pharmacist in charge of the pharmacy in the other hospital or by a practitioner who is authorized by the individual in charge of the other hospital to sign the order, and

    • (ii) if the signature of the pharmacist or the practitioner is known to the person who sells or distributes the drug or has been verified by that person;

  • (b) a pharmacist of another hospital, if

    • (i) the drug is sold or distributed in accordance with a written order signed and dated by the pharmacist, and

    • (ii) the signature of the pharmacist or the practitioner who is authorized by the individual in charge of the other hospital to sign the order is known to the person who sells or distributes the drug or has been verified by that person; and

  • (c) an individual who is exempted under section 140 of the Act with respect to the drug and who is employed in a research laboratory in the hospital for the purpose of research.

Marginal note:Return and destruction

• 194 (1) Despite subsection 193(2), the individual in charge of a hospital may authorize the sale or distribution of a prescription drug in accordance with a written order to

  • (a) the holder of a cannabis drug licence from which the drug was received, if the drug is sold or distributed for the purpose of its return; and

  • (b) a holder of a cannabis drug licence or a licensed dealer, if the drug is sold or distributed for the purpose of its destruction.

• Marginal note:Written Order

  (2) The written order must contain

  • (a) the name, the quantity and the strength per unit of the drug; and

  • (b) if the sale or distribution is for the purpose of its destruction, a written statement that affirms that the sole purpose of the order is the destruction of the drug and that is signed and dated by, or on behalf of, the holder of the cannabis drug licence or the licensed dealer, as the case may be.

• Marginal note:Record keeping

  (3) The individual in charge of the hospital must prepare a record, with respect to the drug for the purpose of its return or destruction, that sets out

  • (a) its brand name, form, quantity and strength per unit;

  • (b) the name and the address of the person to whom it was sold or distributed; and

  • (c) the date on which it was sold or distributed.

Marginal note:Retention period

195 An individual in charge of a hospital must retain the records that the individual is required to retain under these Regulations for at least two years after the day on which they are prepared.

PART 9Combination Products and Devices

Marginal note:Definitions

196 The following definitions apply in this Part.

brand name

brand name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom commercial)

combination product

combination product[Repealed, SOR/2019-206, s. 54]

common name

common name has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (nom usuel)

Marginal note:Authorization

197 Subject to the other provisions of these Regulations, a person may promote a combination product by communicating the brand name, proper name, common name, price or quantity of the product.

Marginal note:Exemption — section 21 of Act

198 A person is exempt from the application of section 21 of the Act if they display, refer to or otherwise use the brand name of a combination product, or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for the product, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility.

Marginal note:Exemption — section 22 of Act

199 A person is exempt from the application of section 22 of the Act if they display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity, the brand name of a combination product or the name of the holder of the drug identification number assigned in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations for the product.

Marginal note:Exemption — subsection 23(1) of Act

200 A person is exempt from the application of subsection 23(1) of the Act if they publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is authorized under sections 197 to 199.